State v. Roesler

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, contending that the trial court erred by denying his motion to suppress evidence of his refusal to take a breath test. Because the trial court declined to make a finding on a disputed fact and the resolution of that dispute would be dispositive, we reverse and remand.

Except as otherwise noted, the following facts are not disputed. Officer Vollrath arrested defendant for DUII. After reading defendant his Miranda rights, Vollrath placed defendant in his patrol car and drove him to a…